Eligibility to build on a FL Condominium Common Area?

Question

Florida Condominiums are governed by FS718

Assume that:

1. the condo owners are not licensed Florida builders.
2. they have built wooden decks or concrete patios behind their units on the condominium common area.
3. there are no records of permits , inspections, or authorization from the association for owners to build said items. Florida builder licensing is regulated by the Florida DBPR.

Question 1: What if any statute requires that the the wooden decks or concrete patios built on the common areas must be built by a Florida licensed contractor?

Question 2: Is anyone other than a Florida Licensed Contractor eligible to build wooden decks & concrete patios on the Florida condominium common areas?

Answer 1

A few general reactions:

1. Building anything on common HOA property without HOA permission probably violates the HOA governing documents. The HOA could probably fine you or enjoin you from doing so. If you had followed the HOA process to build something, it would probably have imposed requirements upon who could do the work. This said, if it is a limited common element serving one unit, rather than a general common element serving all units, the HOA might be more tolerant.

2. But, frequently there is a statute of limitations that is fairly short to complain about building a structure without permission or without a proper permit.

3. Not all construction work requires building permits or contractor's licenses. A simple patio or deck might not require one. Typically, a local government enacts a version of the Uniform Building Code and you'd have to check municipal ordinances.

4. Building permits are usually administered by local government, rather than state government officials.

5. A local government that becomes aware of a structure that required a permit but was built without one, when the statute of limitations has run on insisting that it be destroyed, might still deny further permits for the relevant property until the non-conforming structure is removed.

The legal analysis would depend to some extent on how the issue presented itself. Who is complaining and in what forum? What relief are they seeking?